Manitoba is updating its legislation on the legal definition of a parent
The Manitoba government is making changes to the Family Maintenance Act to update the legal definition of a parent.
On Wednesday, Justice Minister Cameron Friesen announced the act will include parentage legislation for children conceived through assisted reproduction, with or without surrogacy.
The changes to the legislation include requirements for surrogacy agreements before a child is conceived, processes for surrendering the child to the intended parents, and exceptions where the surrogate does agree to surrender the child.
“While the legislation was not intending to discriminate, it simply did not keep up with changes in reproductive technologies, resulting in situations where the law has become challenging to navigate for anyone using assisted reproduction to become a parent,” Friesen said in a news release.
“Our government has done considerable work to respond legislatively to safeguard the rights and interests of children, and ensure legal recognition of the intended parents.”
Legal parentage defines who a child’s parents are. This affects a number of areas of a child’s life, including identity, citizenship, inheritance right and entitlement to benefits under the law.
The province notes that provisions around parentage are necessary to protect the rights of children and ensure the legal recognition of the intended parents, who have legal rights and responsibilities.
Friesen noted that last year the court declared certain sections of the Family Maintenance Act to be unconstitutional and found the legislation infringed on certain sections of the charter. The court gave the province until Nov. 9, 2021, to pass new valid legislation.
The province adds that the amended provisions will be introduced at the earliest opportunity when the legislature resumes. These changes bring Manitoba in line with other provinces, including Ontario, Saskatchewan, Alberta, British Columbia, Nova Scotia and Prince Edward Island.
Allison Fenske, a staff attorney for the Public Interest Law Centre of Legal Aid Manitoba, noted that the Manitoba government has not yet tabled any legislation, but has simply announced its intention to modernize the Family Maintenance Act.
She noted there have been no amendments to the act since the 1980s, and since this time, there have been technological advancements in terms of assisted reproduction that weren’t contemplated in the original act.
“There are many ways for people to grow their families,” Fenske said.
“So there needs to be legislation that will recognize the many ways that people become parents and remove some of the very cumbersome barriers to having families who used assisted reproduction recognized as legal parents from the time of their child’s birth.”
She noted that under the current legislation, parents that don’t have a biological connection to their child end up being forced into seeking a court order either by way of adoption or a declaration of parentage in order to have legal rights as parents.
Fenske said it is her hope that the government introduces legislation that is Charter compliant as soon as possible, and that it, “recognizes parents as parents from the time of their child’s birth and in a way that does not require them to go to court or adopt their own child in order to have those rights as parents.”
She noted the proposed legislation would impact any parents using assisted reproduction to build their families, including many people from the 2SLGBTQ+ community.
Fenske also said it is “puzzling” that it took the province so long to announce its intention to amend the Family Maintenance Act.
“There are good examples from other provinces, for example, B.C., Ontario and Saskatchewan, as to how to make these legislative changes,” she said.
CTVNews.ca Top Stories
Deaths of 4 people on Sask. farm confirmed as murder-suicide
The deaths of four people on a farm near the Saskatchewan village of Neudorf have been confirmed a murder-suicide.
Multiple bridges in Calgary shut down for police incident
Calgary police have shut down a number of bridges into and out of the downtown core as officers deal with a distraught individual.
Sunshine list: These were the Ontario public sector's highest earners in 2023
Ontario released its annual sunshine list Thursday afternoon, noting that the largest year-over-year increases were in hospitals, municipalities, and post-secondary sectors.
Why some Christians are angry about Trump's 'God Bless the USA' Bible
Former U.S. President Donald Trump is officially selling a copy of the Bible themed to Lee Greenwood’s famous song, 'God Bless the USA.' But the concept of a Bible covered in the American flag has raised concern among religious circles.
George Washington family secrets revealed by DNA from unmarked 19th century graves
Genetic analysis has shed light on a long-standing mystery surrounding the fates of U.S. President George Washington's younger brother Samuel and his kin.
Baby boom amongst nurses leads to maternity ward closure in Listowel, Ont.
The emergency room at Listowel’s hospital is open today, but come summer, their obstetrics unit will be temporarily closing its delivery rooms.
Humboldt Broncos bus crash survivor qualifies Canada for Paralympics in rowing event
Former Humboldt Broncos goaltender and bus crash survivor Jacob Wassermann has qualified Canada for a rowing event for the 2024 Paralympic games in Paris.
Krispy Kreme doughnuts coming to McDonald's in U.S., but not Canada
Canadians will be missing out on a sweet new partnership between McDonald's and Krispy Kreme, which will see doughnuts available at McDonald's locations across the U.S. by the end of 2026.
'We won't forget': How some Muslims view Poilievre's stance on Israel-Hamas war
A spokesman for a regional Muslim advocacy group says Conservative Leader Pierre Poilievre's stance on the Israel-Hamas war could complicate his party's relationship with Muslim Canadians.